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Terms
1. Terms By accessing this application on iPhone, Web, or Android, you are agreeing to be bound by these Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you may be prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law. 2. Use License Permission is granted to temporarily download one (1) copy of the materials (information or software) on Stay's web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not: modify or copy the materials; use the materials for any commercial purpose, or for any public display (commercial or non-commercial); attempt to decompile or reverse engineer any software contained on Stay's web site; remove any copyright or other proprietary notations from the materials; or transfer the materials to another person or "mirror" the materials on any other server. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Stay any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format. 3. Disclaimer The materials on Stay's web site and mobile apps are provided "as is". Stay makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Stay does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or mobile apps or otherwise relating to such materials or on any sites linked to this site. 4. Limitations In no event shall Stay or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Stay's Internet site or mobile apps, even if Stay or a Stay authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you. 5. Revisions and Errata The materials appearing on Stay's web site or mobile apps could include technical, typographical, or photographic errors. Stay does not warrant that any of the materials on its web site are accurate, complete, or current. Stay may make changes to the materials contained on its web site or mobile apps at any time without notice. Stay does not, however, make any commitment to update the materials. 6. Links Stay has not reviewed all of the sites and apps linked to its Internet web site and is not responsible for the contents of any such linked site or app. The inclusion of any link does not imply endorsement by Stay of the site. Use of any such linked web site or app is at the user's own risk. 7. Terminating Accounts Stay may revise these terms of use for its web site or mobile apps at any time without notice. By using this web site or mobile app you are agreeing to be bound by the then current version of these Terms and Conditions of Use. 8. Site Terms of Use Modifications Stay may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use. 9. Governing Law Any claim relating to Stay's web site or mobile apps shall be governed by the laws of the State of California without regard to its conflict of law provisions. General Terms and Conditions applicable to Use of a Web Site or mobile app. 10. Moderation and Content Stay does not tolerate the uploading of or creation of inappropriate content within the platform. Stay uses moderators to remove inappropriate content, which can include, but is not limited to, pornographic material. Users can flag and report objectionable content they see within the iPhone app. Reported content will be reviewed within 24 hours, and users who publish said content may be removed from the service. This document was last updated on July 20, 2015. Privacy This Privacy Policy governs the manner in which Stay collects, uses, maintains and discloses information collected from users (each, a "User") of the www.stay.chat website ("Site") and mobile apps on iPhone and Android. This privacy policy applies to the Site and all products and services offered by Stay including its iOS and Android apps. Personal identification information We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site or apps, register on the site or apps, and in connection with other activities, services, features or resources we make available on our Site or apps. Non-personal identification information We may collect non-personal identification information about Users whenever they interact with our Site or apps. Non-personal identification information may include the browser name, the type of computer and technical information about Users means of connection to our Site or apps, such as the operating system and the Internet service providers utilized and other similar information. Web browser cookies Our Site may use "cookies" to enhance User experience. Users' web browsers place cookies on their hard drives for record-keeping purposes and sometimes to track information about them. Users may choose to set their web browser to refuse cookies, or to alert you when cookies are being sent. If they do so, note that some parts of the Site may not function properly. Other collected information The creators of our Site and apps reserve the right to use Google Analytics to collect and analyze data. How we use collected information Stay may collect and use Users personal information for many purposes, including, but not limited to, the following purposes: To personalize user experience, we may use information in the aggregate to understand how our Users as a group use the services and resources provided on our Site or apps; to process payments, we may use the information Users provide about themselves when placing an order only to provide service to that order; to send periodic emails, we may use the email address for reasons such as, but not limited to, responding to their inquiries, questions, and/or other requests. We use your information to provide and improve our services, make special offers, customize services for you, better understand our users, diagnose and fix problems, and sell and display offers and ads that may be relevant to you. Moreover, we may share generic aggregated demographic information regarding visitors and users with our business partners, trusted affiliates, and advertisers for purposes including, but not limited to, the sale of advertisements and the seeking of investments. How we protect your information We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site and apps. We are not responsible if that data is lost, altered, compromised, or exposed by a malicious attack out of our control. Compliance with children's online privacy protection act We never collect or maintain information at our Site and apps from those we actually know are under 18. Legal Consent Please note that actions on Stay, including, but not limited to clicking “Stay” buttons and writing or “liking” murmurs does not in any way equate to legal consent to engage in actions, sexual or otherwise. Moreover, Stay is not responsible for any interpersonal legal issues, including, but not limited to, sexual acts, violent acts, abusive acts, both physically and psychologically, and power-based quarrels. Moreover, any items of Stay “merch,” including but not limited to condoms, are not guaranteed safe, and StayChat, Inc. is not responsible for any damages, personal or otherwise, that occur from the use of such merch items. Abuse on the Site Stay cares deeply about Users’ happiness and psychological well-being, including during time on the Site or apps. Stay’s employees do their best to moderate any content that may be deemed inappropriate. However, Stay does not guarantee that the Site or apps are clean of any inappropriate material, including, but not limited to, text, pictures, and Users. Stay is not responsible for any inappropriate content on its site nor for any damages incurred from such content. Changes to this privacy policy Stay has the discretion to update this privacy policy at any time. When we do, we will revise the updated date at the bottom of this page. We encourage Users to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we collect. By using our Site or apps, you acknowledge and agree that it is your responsibility to review this privacy policy periodically and become aware of modifications. Your acceptance of these terms By using this Site or app, you signify your acceptance of this policy and terms of service. If you do not agree to this policy, please do not use our Site. Your continued use of the Site or app following the posting of changes to this policy will be deemed your acceptance of those changes. Contacting us If you have any questions about this Privacy Policy, the practices of this site, or your dealings with this site, please contact us at: support@stay.chat This document was last updated on July 20, 2015. Paktor Terms of Service Paktor Terms of Service Last Updated: 21 Aug, 2013 PLEASE READ THIS DOCUMENT CAREFULLY Paktor Pte. Ltd. ("Paktor Pte. Ltd.," "we," or "us") operates the Paktor mobile app and related website ("Paktor"). By using Paktor in any way, you accept these Terms of Service ("Agreement"). If you do not wish to be bound by this Agreement, do not use Paktor. Contents 1. Who May Use Paktor 2. License to Use Paktor 3. Privacy 4. Registration 5. Term and Termination; Account Deletion 6. Disclaimers; Limitation of Liability 7. Code of Conduct; Prohibited Activities 8. Content Restrictions 9. Licenses Granted by You 10. Your Representations and Warranties 11. Indemnification 12. Third Party Copyrights and Other Rights 13. General Provisions 1. Who May Use Paktor You must be at least 13 years old to use Paktor. Use is void where prohibited. By using Paktor, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. If you use Paktor, you represent and warrant that you have never been convicted of a felony and that you are not required to register as a sex offender with any government entity. 2. License to Use Paktor Paktor, Pte. Ltd. grants you a limited, non-exclusive license to access and use Paktor for your own personal, non-commercial purposes. This license is personal to you and may not be assigned or sublicensed to anyone else. Except as expressly permitted by Paktor Pte. Ltd. in writing, you will not reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble Paktor. Nor will you take any measures to interfere with or damage Paktor. All rights not expressly granted by Paktor, Pte. Ltd. are reserved. 3. Privacy Your privacy rights are set forth in our Privacy Policy (Privacy Policy), which forms a part of this Agreement. Please review the Privacy Policy to learn about: What information we may collect about you What we use that information for What third-party information, if any, you are agreeing to share by using Paktor; and With whom we share that information 4. Registration To use Paktor, you must register an account your Facebook/Weibo login, meaning you are authorizing us to access certain information in your Facebook/Weibo account, including information about Facebook/Weibo friends you might share in common with other Paktor users. By allowing us to access your Facebook/Weibo account, you expressly acknowledge and agree that we may obtain and share your name and a profile picture, as well as the name and profile picture of your Facebook/Weibo friends who are common Facebook/Weibo friends with other Paktor users in your network or geolocation. Please take precautions to protect your password and contact us at help@gopaktor.com if you believe an unauthorized person has accessed your account. 5. Term and Termination; Account Deletion This Agreement begins on the date you first use Paktor and continues until terminated in accordance with the provisions hereof. Paktor Pte. Ltd. may suspend, disable, or delete your account (or any part thereof) if Paktor Pte. Ltd. determines that you have violated any provision of this Agreement or that your conduct or content would tend to damage Paktor Pte. Ltd.'s reputation or goodwill. If Paktor Pte. Ltd. deletes your account for the foregoing reasons; you may not re-register under a different name. Upon termination, all licenses granted by Paktor Pte. Ltd. will terminate. In the event of account deletion for any reason, content that you submitted may no longer be available. Paktor Pte. Ltd. shall not be responsible for the loss of such content. 6. Disclaimers; Limitation of Liability a. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER PAKTOR USERS. YOU UNDERSTAND THAT PAKTOR PTE. LTD. CURRENTLY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS. PAKTOR PTE. LTD. ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ALL OF ITS USERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS USERS. PAKTOR PTE. LTD. MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USER. PAKTOR PTE. LTD. RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES), AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS. b. IN NO EVENT SHALL PAKTOR PTE. LTD. BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, EMEPLARY, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, DEATH, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF THE PAKTOR SERVICE OR PERSONS YOU MEET THROUGH PAKTOR. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS OF THE SERVICE, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON. c. Paktor Pte. Ltd. reserves the right to modify Paktor. You are responsible for providing your own access to Paktor. Paktor Pte. Ltd. has no obligation to screen or monitor any content and does not guarantee that any content available on Paktor complies with this Agreement or is suitable for all users. d. Paktor Pte. Ltd. provides Paktor on an "as is" and "as available" basis. You therefore use Paktor at your own risk. Paktor Pte. Ltd. expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, Paktor Pte. Ltd. makes no representations or warranties: a. That Paktor will be permitted in your jurisdiction; b. That Paktor will be uninterrupted or error-free; c. Concerning any content submitted by any user; d. Concerning any third party's use of content that you submit; e. That any content you submit will be made available on Paktor or will be stored by Paktor Pte. Ltd.; f. That Paktor Pte. Ltd. will continue to support any particular feature of Paktor; g. Concerning sites and resources outside of Paktor, even if linked to from Paktor. To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used Paktor, and no warranties shall apply after such period. 7. Code of Conduct; Prohibited Activities In using Paktor, you must behave in a civil and respectful manner at all times. Further, you will not: Harass or stalk any other person; Harm or exploit minors; Act in a deceptive manner by, among other things, impersonating any person; Collect information about others; You will not express or imply that any statements you make are endorsed by Paktor Pte. Ltd. without our specific prior written consent. You will not distribute spam, and will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents. You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights. You will not interfere with or disrupt the services or the site or the servers or networks connected to the services or the site. You will not post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. Paktor Pte. Ltd. has the right, but not the obligation, to monitor all conduct on and content submitted to Paktor. 8. Content Restrictions You are solely responsible for the content that you publish or display (hereinafter, "post") on the Service, or transmit to other Members. You will not post on the service, or transmit to other users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not provide inaccurate, misleading or false information to Paktor Pte. Ltd. or to any other user. If information provided to Paktor Pte. Ltd., or another user, subsequently becomes inaccurate, misleading or false, you will promptly notify us of such change. The following is a partial list of content you may not upload, post, or transmit (collectively, "submit"): is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; harasses or advocates harassment of another person; promotes information that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under the age of 18; contains sexually explicit content; provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming"; promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files; solicits passwords or personal identifying information for commercial or unlawful purposes from other users; engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes; infringes any third party's copyrights or other rights (e.g., trademark, privacy rights, etc.); Your use of the Service, including but not limited to the content you post on the service, must be in accordance with any and all applicable laws and regulations. You may not include in your user profile any telephone numbers, street addresses, last names, URLs or email addresses. 9. Licenses Granted by You You grant Paktor Pte. Ltd. and its affiliates a worldwide, perpetual, irrevocable, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your content. In addition, you waive any so called "moral rights" in your content. You further grant all users of Paktor permission to view your content for their personal, non-commercial purposes. If you make suggestions to Paktor Pte. Ltd. on improving or adding new features to Paktor, Paktor Pte. Ltd. shall have the right to use your suggestions without any compensation to you. 10. Your Representations and Warranties For each piece of content that you submit, you represent and warrant that: (i) you have the right to submit the content to Paktor Pte. Ltd. and grant the licenses set forth above; (ii) Paktor Pte. Ltd. will not need to obtain licenses from any third party or pay royalties to any third party; (iii) the content does not infringe any third party's rights, including intellectual property rights and privacy rights; and (iv) the content complies with this Agreement and all applicable laws. 11. Indemnification You will indemnify, defend, and hold harmless Paktor Pte. Ltd. and its affiliates, directors, officers, employees, and agents, from and against all third party actions that: (i) arise from your activities on Paktor; (ii) assert a violation by you of any term of this Agreement; or (iii) assert that any content you submitted to Paktor violates any law or infringes any third party right, including any intellectual property or privacy right. 12. Third Party Copyrights and Other Rights Copyright Policy Paktor Pte. Ltd. respects the intellectual property of others, and we ask our users to do the same. Each user is responsible for ensuring that the materials they upload to Paktor do not infringe any third party copyright. Paktor Pte. Ltd. will promptly remove materials in accordance with the Digital Millennium Copyright Act ("DMCA") if properly notified that the materials infringe a third party's copyright. In addition, Paktor Pte. Ltd. may, in appropriate circumstances, terminate the accounts of repeat copyright infringers. DMCA Takedown Notice If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with a written notice containing the following information: 1. Your name, address, telephone number, and email address (if any). 2. A description of the copyrighted work that you claim has been infringed. 3. A description of where the material that you claim is infringing is located on Paktor, sufficient for Paktor Pte. Ltd. to locate the material. 4. A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law. 5. A statement by you that the information in your notice is accurate and, UNDER PENALTY OF PERJURY, you are the copyright owner or authorized to act on the copyright owner's behalf. 6. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest. You may submit this information via: Email: help@gopaktor.com Offline: Paktor Pte. Ltd.'s Copyright Agent (see below) DMCA Counter-notification If you believe that your material has been removed by mistake or misidentification, please provide Paktor Pte. Ltd. with a written counter-notification containing the following information: 1. Your name, address, and telephone number. 2. A description of the material that was removed and the location where it previously appeared. 3. A statement UNDER PENALTY OF PERJURY that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification. 4. A statement that you consent to the jurisdiction of any judicial district where Paktor Pte. Ltd. may be found, and that you will accept service of process from the person who filed the original DMCA notice or an agent of that person. 5. Your electronic or physical signature. You may submit this information via: Email: help@gopaktor.com Offline: Paktor Pte. Ltd.'s Copyright Agent (see below) Please note that we will provide complete counter notifications to the person making the DMCA claim. That person may elect to file a lawsuit against you for copyright infringement. If we do not receive notice that a lawsuit has been filed within ten (10) business days after we provide notice of your counter-notification, we will restore the disabled materials. Until that time, your materials will remain disabled. Warning In filing a DMCA notice or counter notification, please make sure that you have complied with all of the above requirements. If we request additional information necessary to make DMCA your notice or counter-notification complete, please provide that information promptly. If you fail to comply with all of the requirements, your notification or counter-notification may not be processed. In addition, please make sure that all of the information you provide is accurate. UNDER SECTION 512(f) OF THE COPYRIGHT ACT, 17 U.S.C. § 512(f), ANY PERSON WHO KNOWINGLY MATERIALLY MISREPRESENTS THAT MATERIAL OR ACTIVITY IS INFRINGING OR WAS REMOVED OR DISABLED BY MISTAKE OR MISIDENTIFICATION MAY BE SUBJECT TO LIABILITY. If you have questions about the legal requirements of a DMCA notice, please contact an attorney or see Section 512©(3) of the U.S. Copyright Act, 17 U.S.C. § 512©(3), for more information. If you have questions about the legal requirements of a DMCA counternotification, please contact an attorney or see Section 512(g)(3) of the U.S. Copyright Act, 17 U.S.C. § 512(g) (3), for more information. Paktor Pte. Ltd.'s Copyright Agent You may send a DMCA notice, a DMCA counternotification, or any inquiries concerning intellectual property to Paktor Pte. Ltd.'s Copyright Agent: Paktor Pte. Ltd. 10 Anson Road, #26-04, International Plaza, Singapore 079903 Department – Copyright Agent Email: help@gopaktor.com Other Complaints You may send non-copyright complaints to: Paktor Pte. Ltd. 10 Anson Road, #26-04, International Plaza, Singapore 079903 Email: help@gopaktor.com 13. General Provisions GOVERNING LAW: This Agreement shall be governed by the laws of Singapore, without regard to principles of conflicts of law. The Uniform Commercial Code, and the Uniform Computer Information Transaction Act, shall not apply. DISPUTES: Any action arising out of or relating to this Agreement or your use of Paktor must be commenced in the state or federal courts located in Singapore (and you consent to the jurisdiction of those courts). In any such action, Paktor Pte. Ltd. and you irrevocably waive any right to a trial by jury. INTERPRETATION; SEVERABILITY; WAIVER; REMEDIES:Headings are for convenience only and shall not be used to construe the terms of this Agreement. If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement. No failure or delay by Paktor Pte. Ltd. in exercising any right hereunder will waive any further exercise of that right. Paktor Pte. Ltd.'s rights and remedies hereunder are cumulative and not exclusive. SUCCESSORS; ASSIGNMENT; NO THIRD PARTY BENEFICIARIES: This Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign this Agreement without Paktor Pte. Ltd.'s prior written consent. No third party shall have any rights hereunder. NOTICES: You consent to receive all communications including notices, agreements, disclosures, or other information from Paktor Pte. Ltd. electronically. Paktor Pte. Ltd. may provide all such communications by email or by posting them on Paktor. Support-related inquiries or notices of a legal nature (such as a subpoena) may be sent to us at help@gopaktor.com or the following address: Paktor Pte. Ltd. 10 Anson Road, #26-04, International Plaza, Singapore 079903 Nothing herein shall limit Paktor Pte. Ltd.'s right to object to subpoenas, claims, or other demands. MODIFICATION; ENTIRE AGREEMENT: This Agreement may not be modified except by a revised Terms of Service posted by Paktor Pte. Ltd. on Paktor or a written amendment signed by an authorized representative of Paktor Pte. Ltd. A revised Terms of Service will be effective as of the date it is posted. This Agreement constitutes the entire understanding between Paktor Pte. Ltd. and you concerning the subject matter hereof and supersedes all prior agreements and understandings regarding the same.